Fraker v. Reeve
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action for damages for the conversion of two notes. The complaint stated, in substance, that on the 23d of May, 1873, plaintiff, being indebted to defendants on two judgments in the sum of $904.53, delivered to them his promissory note of that date for that sum, payable in ninety days, with interest, in satisfaction of said judgments, which was thereupon satisfied of record; that plaintiff then delivered to defendants two…
Read the full summary
APPEAL from the Circuit Court for Winnebago County. Action for damages for the conversion of two notes. The complaint stated, in substance, that on the 23d of May, 1873, plaintiff, being indebted to defendants on two judgments in the sum of $904.53, delivered to them his promissory note of that date for that sum, payable in ninety days, with interest, in satisfaction of said judgments, which was thereupon satisfied of record; that plaintiff then delivered to defendants two other notes executed by Yandereook & Ferguson for the sum of $1,000 each, dated April 9, 1873, and payable in one and two…
1Opinion of the Court
Cole J.
By the terms of the instrument set out in the answer, the legal title of the two Vandercook & Ferguson notes was conditionally transferred to the defendants. The instrument is in the nature of a chattel mortgage, and the principles of law applicable to such contracts must determine the rights of the parties under it. We shall not attempt to determine and settle all those rights in this action. We will merely say -that we are quite clear that trover for the conversion of the notes cannot be maintained upon the facts alleged in the pleadings and proven on the trial.
An examination of the…
2Cases cited2 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Flanders v. ThomasWisconsin Supreme Court · 1860
3Cited by2 opinions
- Archibald v. Mutual Life InsuranceWisconsin Supreme Court · 1875
- Matzewitz v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909